Criminal Procedure Bar Practice Exam

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Question: 1 / 400

In which scenario is jeopardy said to attach during a bench trial?

When the judge is appointed

When the jury is sworn in

When the 1st witness is sworn in

Jeopardy attaches in a bench trial when the first witness is sworn in because this marks the beginning of the trial proceedings. In a bench trial, there is no jury present, so the moment the judge takes evidence by swearing in the first witness indicates that the trial has commenced. This act signifies that the defendant is formally in jeopardy, as the court has started to consider the evidence against them.

In the other scenarios, such as when a judge is appointed or when opening statements are made, the trial has not yet started in a way that risks the defendant's rights. The swearing in of the jury is relevant for jury trials, where jeopardy attaches at that point, but it does not apply in a bench trial context. Thus, the swearing in of the first witness is the clear point at which the legal process acknowledges the defendant's vested interests in the trial proceedings, confirming that jeopardy attaches.

Criminal Procedure Bar Practice Exam

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